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MMDA: An Open Letter To My Muslim Community

Our community is currently divided over debates regarding reforms to the Sri Lankan Muslim Marriage and Divorce Act (MMDA). The discussions are happening at multiple levels, these include whether or not the MMDA needs to be reformed, the reasons why and what kind of reforms are actually needed.

There are perhaps as many opinions as there Muslims in Sri Lanka, however in my observations over the past one year, the majority of our community refuses to support and/or advocate for all the demands for reformsthat are coming from the very women who are and have been directly affected by discriminations under the MMDA and the Quazi court system. There is marked reluctance from the Sri Lankan Muslim community to accept that there are major (not just few and minor) problems with the MMDA and the Quazi court system, and that the current state of affairs is untenable.

This has left me with so many questions that I wish to express in this open letter to my community.

Dear Brothers and Sisters,

Well as you know, the reality is that there are certain provisions and procedures in the MMDA as well as practical issues in the Quazi court system that are harmful to Muslim women, and are treating Muslim women in an unfair and unjust manner. So many of our Sri Lankan Muslim sisters have been through so much trauma because they were married very young, divorced with no reason or warning, forced to be in polygamous marriages, and mistreated at the Quazi courts because the judges favored their husbands. Instead of encouraging compassion and harmony, the MMDA has become one of the main reasons for marital breakdowns among Muslims, who have a very high divorce rate in Sri Lanka.

These issues have been raised time and again by our sisters all over the country for many years. But they seem to fall on deaf ears, because our own community doesn’t want to listen to us or trust our experiences.

So firstly, lets ask ourselves, is the current MMDA the type of law and justice system we want associated with our community?

The family is the core unit of our community and society, it is the first place that we learn how to be good human beings, so it should be the first place where justice and equality is practiced.

It is also the first place we learn Islam. So what kind of Islam are we teaching our children, when they see what many of their Muslim mothers, aunts and sisters go through in Sri Lanka?

How is the MMDA viable when the very law itself is based on inequality between humans? Even between men and women and between sects and madhabs (schools of jurisprudence) because as we know the current MMDA apply the same to all Sri Lankan Muslims.

For example, it is as clear as day that the MMDA is based on the notion that men are of a higher status than women. The law itself treats adult women as ‘minors’ who require permission of male family members to marry. Science, fact and centuries of human existence has established that an adult woman is a full and complete human being with autonomy to make her own decisions, no different from any male counterpart. So why is it that we Muslims are still stuck with opinions that are centuries and centuries old, when humanity has moved on?

We fail to consider the diversity that constitutes our society. We cannot forget that in this day and age there are many types of families, some with no male members. What about women who are breadwinners and caretakers in female-headed households? Women who are making decisions in companies and organizations?

It is fair that they can’t decide on their own whom they can marry? Is it fair that simply because they are born female that they be considered lesser than men, despite the myriad of roles they play that prove otherwise?

Are the provisions in the MMDA really logical? If so what logic is it that simply to fulfill our narrow understanding of guardianship (wali) in Islam that in the event there are no male guardians, the MMDA goes to the extent making the Quazi judge, the man who gives consent to the bride to marry. Does it not strike us as ludicrous that our family law requires a complete stranger who is a Quazi, who has had nothing to do with the life of the bride to act as a guardian?

Next let’s discuss whether or not the MMDA really has the best interest of the family at the core of its formulation.

The concerns and impacts of child marriage are well documented and have been raised loud and clear by women’s groups. The logic is simple. If a girl is not able to make her own decision about whom and whether to marry, because of her age, then marriage is definitely not for her. Let’s compare this to the voting age in Sri Lanka. If it has been determined that a child is unable to decide whom to vote for, then they definitely can’t decide whom to marry. A vote is a temporary decision; to spend your life and start a family with another human being requires the full consent and knowledge of two adult human beings who understand partnership and responsibility. Instead of encouraging strong foundation of ‘family’, the MMDA allows for possible force, coercion and exploitation of our youth.

The MMDA also does not encourage strong family relations within the context of marriage. It allows for Muslim men (simply because they are men) to talaq or divorce their wives or take multiple wives for no particular reason or conditions, and even without their wives knowledge and consent. How is this possibly promoting good relations between spouses?

Do you know how many of our sisters have just been left by their husbands because his family wanted him to do so, or he lost his temper, changed his mind, or he can’t afford to maintain a family anymore? There are so many cases of men who have abused their wives and gave them talaq divorces with no consequences. I personally met a woman whose husband divorced her within a week and left her to fend for their two young children because he wanted to marry a woman with fairer complexion.

YES it is happening in Sri Lanka, and NO, all Muslim men are obviously not like this. But where the family law should protect against such situations – it actually rewards bad men the legal loopholes and excuse to do bad things, especially to women. What kind of family law is the MMDA, when it fails to protect the lives of our sisters?

And there are numerous cases of polygamy, where a woman has found out her husband has married someone else from her neighbors or a message on the mosque notice board. Many more cases where polygamy has led to women struggling to get child maintenance from their husbands, who can no longer afford to support two families.

Shouldn’t our community be encouraging Muslim families to have good communication and mutual decision-making between spouses? So what message are we sending when under the family law, a Muslim woman does not even need to know that her Muslim husband has taken another wife? It is a decision that will seriously affect her and her children. What kind of protections and safeguards is the law supposed to give her?

Why does the MMDA only protect and privilege the men of our community?

What does it say about us, if half of our community are discriminated by a family law that is supposed to be ‘tied to our Muslim identity’?

Are we supposed to be proud that we have a ‘special’ MMDA because we are Muslim?

What is so special about a family law that compels us Muslim women to sacrifice our own rights in the (so-called) name of Muslim identity and community?

What is so special about a law that suppresses our rights and implicitly treats us as less than our brothers just because we are not born male?

And why should we be proud of a law that put us at serious disadvantage from all others in Sri Lanka by denying us full guarantee of fundamental rights of our Constitution?

What is so great about a law that treats me and my sisters as second-class citizens?

What is so useful with a law that fails to protect us from perpetrators and makes us vulnerable to early and forced marriage, polygamy without choice and abandonment?

As a Muslim I wonder what kind of Muslim family law takes away the rights that the God I believe in gave us as human beings? The right to justice and equality, compassion and dignity.

When the country and the world offer Muslim women opportunities and potential to be anything we aspire to including judges and leaders. When Muslim women are now at the forefront of governments and courts, raising families, leading communities, leading change. When will the Sri Lankan Muslim community rise to acknowledge this?

The advent of Islam in the 7th century, brought sweeping changes to society and gave women unprecedented rights which were highly progressive during that time period. If we just take the spiritof that progress, our communities should be at the forefront of gender equality and justice at this day and age.

In this spirit, every Muslim should be supporting law reforms, policies and practices that will encourage women and girls to study further, take up leadership positions, be positive influencers in society and be treated equally with compassion and fairness in law and in land.

So why is there significant resistance from the Muslim community, our religious and political leaders and even reputable academics and professionals, for the most progressive reforms to the MMDA that will address all the issues that Muslim women and girls currently face and ensure that legal loopholes for misuse and abuse are addressed?

Why would anyone who has “ the best interest of the community at heart” continue to support unjust provisions in a family law that are seeking to restrict what rights Muslim women have simply based on some opinion of what constitutes Islamic law or Muslim identity?

And finally, if Islam promotes compassion, truth, dignity and justice, like I truly believe it does, then why do we have a Muslim family law that does not reflect that in principle and in practice?

The time has come for the Sri Lankan Muslim community to decide on whether to support equality for Muslim women, or to allow injustices to continue in the name of Islam. There is no middle ground, or ‘compromise’ to be made here. If you are not supporting positive and progressive reforms to the MMDA, then clearly you are not on the side of justice and equality for all Muslims.

Thassim/October 4, 2017

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Manel/October 4, 2017

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This is a long standing unresolved situation, and it is a shame that it is not concluding because a handful of backward men, who obviously have no regard, nor the intellect, to accept that the safety, and well being of their daughters, must be protected, and it is far better to take a bold step (in their small minds) and do what experts (doctors and lawyers) have advised. It is time the Muslim community and leaders, did the right thing for their daughters, and sisters, and even if it means disregarding what is a primitive opinion, rules and laws have to be changed, to raise the bar, to ensure that Muslim girls are given the same protection as all other girls in our communities. These laws are considered primitive in nations like Saudi Arabia, by the rest of the world, so why are we following that same path? Shame on Muslim leaders who seem afraid to speak out, and insist that we raise the age limit for little girls to be given in marriage. What are they waiting for? THE TIME IS NOW.

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Priya/October 4, 2017

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Dear sister , bravo of you for coming out with this letter.I am not a Muslim and therefore I do not want to be critical of someone else’s culture.However ,as you have rightly pointed out every women in the society should be treated equal to men and should be given the same rights to have education ,employment and right to choose their marital partners same as men.No woman is inferior in comparison to a man with intelligence and capabilities and time has come to acknowledge this without considering ethnic, religious or political barriers.
Malala fought for rights of women in Afghanistan and we as a whole society need to empower women to achieve their maximum potential irrespective of race or religion.I am reluctant to believe this is soloely a problem of Muslim women but they take major share of the issue.If the age old marital law need change yes it should be done and unless women voice their concerns openly like the way you did nothing is going to change.All the best.

prasad/October 6, 2017

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julampitiye Amarya/October 4, 2017

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“”””””””””if Islam promotes compassion, truth, dignity and justice, like I truly believe it does, then why do we have a Muslim family law that does not reflect that in principle and in practice?””””””””.

First thanking you for speaking on behalf of the Innocent female Muslim community.

I have a issue that one of the poor muslim guy who wants to get urgent help for save his own life but NO MUSLIM IS Helping????????????.
when I returned after few years of work abroad, last month I met this guy who worked with me, in Colombo.
His two kidneys have failed and he was in need of a doner to get a kidney,
And I volunteered to donate one of my kidneys to save his life but as my age it was refused.I have given him some money to help but i canot fulfill his all needs.
I am a Buddhist and a Sinhalese in culture
President “s Fund is giving Rs 400000 for the medicine and operation And he has found a doner .
butthey need some money to give to that poor doner and to do that operation. said it is going to cost about 1.9 million Rs
He has gone to every Mosque in colombo ,but poor guy did not get much funds and still begging from Muslim community. but rich Muslim community in his living area even banned him entering them to mosques.
with his only child and sick wife . he was living in rented house with his old mother. [ a former House maid worked in middle east]
but i am wandering what happened to our rich muslim community those who can help thispoor person .
if the COLOMBO TELEGRAPH IS WILLING TO HELP TO MAKE A FUND FOR THIS GUY I am willing to give his name and contact no. And I give permission to CT to use my E mail to contact me .

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Estate Labourer/October 4, 2017

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The writer says, “There is no middle ground, or ‘compromise’ to be made here.”
She is absolutely right. There can be no ‘middle ground’ or ‘compromise’ in the case of torture.

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Lankan No 03/October 4, 2017

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This is a battle with spirit of law and letter of law..
All clerics who follow letters of law such as All Salafi groups will not dare to support you .
All groups except moderate who read between the lines will support you .
Sorry to say only few will support you

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SJ/October 4, 2017

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This communication is a most positive sign.
Women should mobilize and organize themselves.
The recent limited success in Saudi Arabia is an inspiration.

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Native Vedda/October 5, 2017

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SJ
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It was Federal Party’s mistake that they did not mobilize or organize the women. FP should take full responsibility for its lack of initiative/leadership.
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Federal party should have invited Mao to take care of these women.

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Jimsofty/October 4, 2017

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How come It is democratic when there are two marraige laws in one country ?. there are many other issues amons muslim women in Srilanka which says Sri lanka is a strict muslims country There are two laws and one group is complaining and the govt is silent leaving it to some extremist politicians.

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Amarasiri/October 5, 2017

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Jimsofty

“How come It is democratic when there are two marraige laws in one country ?. “

It is double standards, or even triple standards. Ulama standards, Monk standards.

One for Muslims, one foe non-Muslims.

One preferential law for Muslim men, and the same discriminatory law for Muslim women.

One law for the citizens, and one-law for the thuggish Para-Sinhala Buddhist monks to commit crimes, and get away with it because the wear the para-Sinhala Monk robe.

One Law for the politicians to steal and one for the citizens to be punished.

Welcome to the DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA, occupied by the Paras.

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Jimsofty/October 5, 2017

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Amarasiri Modaya: WE are not parasinhala. Itis your, hameena, para. Even in CT, buddhists monks, chief prelates are allowed to be bashed. Think if Ven. ghanasara talked you people talk here, what MCSL SEcretary Hilmy Ahmed talk here, what would be the result ?

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Amarasiri/October 6, 2017

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Jimsofty ,

“Amarasiri Modaya: WE are not parasinhala”

Gon Bass, Dimwit, Jimsofty, go with the data and observations. Is the Earth round, and does the Sun go around the Earth? Go with the data and observations, not the myths and illusions.

The data and evidence support that Sinhala are Para-Sinhala, along with the other Paras in the Land of Native Veddah Aethho.

Mitochondrial DNA history of Sri Lankan ethnic people: their relations within the island and with the Indian subcontinental populations.

From the phylogenetic, principal coordinate and analysis of molecular variance results, the Vedda occupied a position separated from all other ethnic people of the island, who formed relatively close affiliations among themselves, suggesting a separate origin of the former.

Through a comparison with the mtDNA HVS-1 and part of HVS-2 of Indian database, both Tamils and Sinhalese clusters were affiliated with Indian subcontinent populations than Vedda people who are believed to be the native population of the island of Sri Lanka.

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K.Pillai/October 4, 2017

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MMDA reform was talked few months back and here we are talking as if it a new issue.
Some Sharia laws are based on falsity. For example the vice-President of India, Anwar and some Indian Muslim lawmakers say that the “Talaq” divorce is not to be found in religious texts. Sri Lankan Muslim leaders (religious and political) desist from commenting.
The Lankan MMDA must be reformed but the stumbling block is the Lankan MPs.
MMDA reform activist Rizani Hamin deserves support.

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Jimsofty/October 5, 2017

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K Pillai: where is human rights organizations in Sri lanka. I know there is UNHCR are all vocal in Sri lanka. Sri lankan govt also has a woman officer as a human rights activist. What are they doing. Sri lankan Muslims marraige law. sri lankan muslim women are discriminated. Why Sri lanka is like Saudi arabia for women ?

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Lankan No 1/October 4, 2017

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DEAR J. AMERA .
I really like your honesty and kindness.
There are some points of clarification needed in this issue.
It is a myth to say that Muslim community is rich in Sri Lanka..
60% of Muslim lives with some sort of poverty today or most work in ME ..
Anyhow 40 % are somewhat good or rich .
They must help him.
I do not think that mosques in Colombo or anywhere shut him up..or reject his appeal .
So many Islamic charities why did not be approach them ?
It is a fact of matter Muslim by law .
Should donate 2.5 % of his earning or profit to charity.
I should say that Muslims donate more than other community in the world..
It’s part of faith..
Ortherwise he is not a Muslim.
This poor man may not know how and where to get help.from.?.
To get such help he must have been living with community.
He should have been working for community..
Serving for community ..
Interactive with community?
People who go to mosque five time..
Will find ways of communication and support from Muslim community..
If you live in your own world..
It would be difficult to know you ?
I’m.sorry to say this .
But your humanism and kindness; love and affection are great ..
You have showed your sympathy and empathy.
But for Muslim community charity ..
Feeding the needy
Poor and weak part of their faith .
But I do not know how he is left out..

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Amarasiri/October 4, 2017

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Dear Rizani Hamin,

RE: MMDA: An Open Letter To My Muslim Community

(299 Words)

You state: “Muslims in Sri Lanka,….. however in my observations over the past one year, the majority of our community refuses to support and/or advocate for all the demands for reforms that are coming from the very women who are and have been directly affected by discriminations under the MMDA and the Quazi court system. “

To expect reforms to come from Muslim men, and Ulama, who are at a privileged position, because they have the Y chromosome, which the Muslim women do not have, is preposterous. They will, always claim that, if you are a Muslim women, you have to accept what is in the Quran, Hadith and the Prophet’s traditions, as interpreted by them, to their advantage. There is a Sinhala saying, that goes something like, “Baduth Hamuduriwange, Neduth Hamuduruwange”, the stolen goods and the justices are the same.

MMDA was passed around the time of the disenfranchising of the Indian Estate Workers, who were made “stateless” by the Para-Sinhala and the Para-Tamils. Only the leftist parties opposed it.

You will not achieve MMDA Reforms with the current Ulama and Qazi, and the current Muslim politicians. You need to challenge it in the Supreme court, based on discrimination on constutional grounds compared to the other female citizens, and also appeal to the non-Muslim Politicians to make the reforms. Suggest that you take to the UNHRC as well.

Fighting the Ulama is hard. They have got the rulers and politicians wrapped around their fingers.

You know women cannot go to the Mosques in Sri Lanka. Why? Ulama and male hegemony! File a fundamental rights petition in the Supreme Court as well . One Regarding MMDA and the other regarding discrimination in entering the Mosques.

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Amarasiri/October 5, 2017

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Dear Rizani Hamin,

Are Muslim women second class citizens? Is Sharia Law from God?

“To expect reforms to come from Muslim men, and Ulama, who are at a privileged position, because they have the Y chromosome, which the Muslim women do not have, is preposterous.*”

Two Islamic groups vehemently oppose actions to protect equal rights for women – their protest turns into a violent riot.
Certain actions the government recently took protect women’s rights and state they are equal to the rights of men : rights such as the right to education, the right to job opportunity, and the right to equally inherit property.
The “Islamic Consitituion Movement” as its called, is trying to stop “the giving” to women of the same rights as man has because it is “against the Quran”, and is further trying to impose Sharia.
They say if women’s rights become law they’ll do everything in their power to overthrow the government.
Another Islamic organization who calls themselves “The Committee for the Resistance to Laws Against Quran” seeks to prevent any and all laws that would give women such rights because such laws protecting women’s rights are against the Quran.

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Jimsofty/October 4, 2017

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In a democratic country, Sri lanka should allow males to select what ever the marraige law they can marry. In a free country, it i irrelevant what women wants. but, we should not have if women refue a certain marraige law. If they can not have gheir saying, it is not democratic, certain religeous or simply discrmination. Why UN is double stands on this ?

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Goraka/October 5, 2017

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If you have concerns about Muslim issues, talk to Muslims not berate in public forum for all an opportunity to desecrate Islam. You are pushing Muslims into a corner and will achieve nothing.

If we are so concerned about people, why not start a charity for Abusive Women and Children. I promise Rs. 100,000 to start the charity.

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Jimsofty/October 5, 2017

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GORAKA: HEre talking about MMDA and how muslims overrides their own laws. Why Sri lanka, a Buddhist majority country have two marraige laws and do not respect human rigths of muslims women. where is the democracy and human rights there. There is double standards even from UN here.

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Goraka/October 5, 2017

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Jumsofty, we have four laws – Kandyan Law, The Thesavalamai and the Muslim Law covering personal affairs and their is the common law for everyone.

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Ajith/October 5, 2017

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Dear Rizani Hamin,

A very good article. I don’t know much about this MMDA but it is very common in our society (not only Muslims but also with Buddhist, Hindus & Christians) that women are treated differently than Men. It is not only in religion or marriage but also in politics. One of the main problem is that men dominated politicians who are running this land is corrupt and religioous leaders who direct the religion are brutal. No one respect the true human law

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Rizvi/October 6, 2017

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Yes.
Women should be treated equally and protected and respected with personal and General law of the country.

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Jimsofty/October 5, 2017

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Sri lankan politicians are backbone less since 1948. If not, Sri lanka as a Sinhala-buddhist country, there are no buddhist practices to register a marraige. Earlier laws were christian. Now, it is muslim. Politicians do not know what to do. what idiots they are. Only thing they want is mansions, Ramaya, Suramaya, subha for the family and for their extended families and luxury living.

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Mallaiyuran/October 5, 2017

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An earnest plea for those who are involved in this. EO too want is party on this.

Usually murderers don’t let the victim to go to because it was sacred to die and crying out. Those who had learned to take advantage will never give up. This is what we are seeking of Appeal Aanduwa’s Secret Solution Making. This is repeated in Hindu Caste system. This is what we saw when Indian Supreme Court knocked down 3 Talaq.

“Myilea Myilea Irakhu Paudu enraal Paudaathu” If one ask a peacock for a feather it wouldn’t lent. It has to be plucked out. In Lankawe, unless each group fight for their right, it will not come out.

How Tamils’ problem is hooked into Sinhala elections victories, that is how MMDA also playing big role in Sinhala Politicians elections results & Power capturing. They are bound to keep Muslim writers and leaders on hook on this.

Muslim Women should press EU more. If EU threaten with GSP+, it mainly affects the Sinhala Women’s employment. That is where Sinhala Women will start to talk to the Sinhala Politicians.

Before Benjamin Franklin went to France, he said, ” Our youngsters giving their chest bravely will not bring victory for us. Union Soldiers are well equipped and trained. We need arms if want to win this war”.

Muslim woman standing on the road without asking for help will only hurt them. Muslim women should know their mechanisms too.

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Sinhala_Man/October 5, 2017

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About a year ago, a number of Muslim women wrote some articles on this subject that I studied carefully. This I have only glanced at. How much do we have to read carefully and understand before things start moving in this country?

It’s the same with Bond Scams, a number of high profile murders and War Crimes under the Rajapaksas. Yes, we can only conclude that nothing gets done because of “deals” – that is once a person is in some position of importance and influence you allow them to get away with anything at all. Evidence is always considered “inconclusive”.

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There may be a case for experts in various fields needing time to make their studies, but these seem never to get done. Meanwhile the “experts” making the studies make lots of money for doing their “studies” and the poor (in this case Muslim women) continue to suffer. No wonder every young person wants to leave this country.

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Bodin/October 5, 2017

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I believe that Muslim Law (various forms of Sharia which is in fact almost infinite, and hence utterly flexible) have to be consistent with the law of the land and the spirit of humanity. If the country accepts the charter of human rights as a supreme law of the land, then a Muslim woman can also sue (in the normal courts) any lecherous hubby who breaks the charter of rights if the Quazi are not helpful! The Charter also ensures that an adult does not need a guardian (who can be like the fox allowed to guard the chicken pen).
So in that manner, i.e., via enshrining the UN charter of humn rights, the country can by pass the stranglehold of these lecherous old men running the Quazi Courts.
They are an insult to Islam.
The UN charter of human rights is consistent with Islam.

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mormad/October 5, 2017

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She is brave to say this, Muslim men thinks women are there to breed like pigs to populate the religion, and look what is has done to most of the middle east countries, war and poverty, only few are rich , sad it is a pain for having so many kids that w cant feed, Africa is one more example

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Spring Koha/October 5, 2017

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Rizani Hamin, I salute your brave and courageous writing.

The time has come where Muslim women the world over are standing up for their sensible rights; and they have the support of many decent and fair Muslim men.

Antediluvian and medieval thinking and practices must be replaced or it will keep Islam in the doldrums.

Keep up the good fight!

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The Professional/October 5, 2017

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I see a tendency towards forced practice of all religions in Sri Lanka. Religious leaders profess their right to protect but the large majority of them do not have a thorough knowledge of cultures of the country. Our Constitution, except for the provisions for protection of Buddhism and freedom to follow other religions, is largely secular. People of all religions and faiths, accept the laws of the land for registration of birth, marriage, divorce and death but with one exception, which is the topic under discussion in the article above. It is the MMDA.

India has done the right thing by correcting the anomaly. We are still in the nomadic age.

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Dr. K. Rahman/October 5, 2017

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No one can overrule divine laws, Almighty created men and women with 02 different purposes and the composition of body, mentality and intelligence according..Islam has given the superior status to women and not to be exposed as advertising materials. in the Khadi system, ulemas are being appointed and if someone is penalized be it men or women they can go to the civil court.

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Amarasiri/October 5, 2017

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Dr. K. Rahman,

“No one can overrule divine laws, Almighty created men and women with 02 different purposes and the composition of body, mentality and intelligence according..Islam “

Men were given one X Chromosome and one Y Chromosome, and women two X Chromosomes, according to evolution, as opposed to Adam and Eve …

Man evolved from earlier primates with 48 chromosomes, and with the fusion of two primate chromosomes, ended up with 46 chromosomes, which homo sapiens now have.

Ken Miller on Human Evolution

Dr. Ken Miller talks about the relationship between Homo sapiens and the other primates. He discusses a recent finding of the Human Genome Project which identifies the exact point of fusion of two primate chromosomes that resulted in human chromosome #2

This is not a debate between some Muslim and Neil Tyson. But this video shows the thinking of some very well educated 21’st century Muslim (I don’t know he is ignorant, stupid or dishonest. But he is one for sure) and Neil Tyson speaking in a lecture about how Muslims intellectual power ruined by an ideology.

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Jimsofty/October 5, 2017

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Dr. K. Rahman: You talk stupid. HEre the discussion is the position of the in a marraige not they are as advertising material. Why did your god create men and women equal instead, women are below the men. In other countries but not in Islamic republic of Sri lanka, muslims women have more rights. You say women are not advertising material, but you know in your religion, servent women are toys for the man and he can use it the way he wants. it is allowed. Why the god has double standards in different countries.

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yusuf/October 6, 2017

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Dim JImmy,
” but you know in your religion, servent women are toys for the man and he can use it the way he wants.”
Yes, your Sinhala women are toys for Arab. But you take the money, no?

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Damien/October 5, 2017

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“I personally met a woman whose husband divorced her within a week and left her to fend for their two young children because he wanted to marry a woman with fairer complexion.”

Divorced within a week? How come there were 2 children?

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Rizani/October 5, 2017

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Perhaps you misread, I meant that the divorce was given within a week. The couple were married for a few years and had two young children. The husband then decided he wanted to marry another woman who was ‘fairer’ than his first wife, and obtained a divorce from his first wife within one week with the help of the Quazi of the area. Although this is not the procedure in the MMDA, the reality is that a man can divorce at will and without any reason and Quazi judges have sided with husbands to give them a quick divorces.
More cases here: https://mplreforms.com/cases/

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Jimsofty/October 5, 2017

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RIZANI: UN human rights are active in Sri lanka. there is a woman talking human rights for Sri lanka. There are NGOs. talking human rights. why they are silent when it comes to this kind of incidents ?

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Estate Labourer/October 5, 2017

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I think what she meant was that the divorce procedures were completed within one week. Obviously, this was not done in the District Court as that would have taken about 5 years.
The husband says ‘Talaq’ three times and the marriage is annulled permanently. Easier than falling off a log, as the saying goes. How anyone can treat marriage in such a cavalier fashion sure beats me!

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Mallaiyuran/October 5, 2017

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Damien,

There are lot lawyer’s( people) like you, to catch on the technical matters and dismiss the entire cases(essays and article). Their intention is only to make inexperienced to miss the point. They may shine is court of law and earn money, but in societies, where their intentions cannot be hidden, they are looked up as only deceiting crooks.

The right or wrong of the information of a woman having children of two divorced within a week after her marriage, is irrelevant here. But when you pick up on that, in your inferior mentality, which women can marry is already defined. You are far, many steps belows a society who is willing to keep MMDA. That could tell that you are not a Muslim by nature but a paid coolie of Appe Aanduawa, whose job is face saving of the cooked government. Because you display a association with Appe Aanduwa, I like to ask two questions from you.

1). Why your government leaders are not publicly speaking their positions on MMDA? Ranil, New King, Hakeem?
2). As your question is satisfactorily answered now, why don’t you comment now on the rest of contents, which you apparently searched through a lot but could not find fault. Is your silent on the rest means that you couldn’t deny that MMDA is not for the today’s busy and working women?

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Fathima/October 5, 2017

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9

Dear Sister,

Sharia is the only solution. Do not move away from Sharia.

Don’t change Muslim laws to suit western Christian demands. You can see what has happened to their families! We don’t want it in Srilanka.

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K.Pillai/October 5, 2017

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Fathima
Is “Talag” part of original Sharia? Academics say that “Talag” was introduced later. If so, is there room for change?
How will you feel if your ten year old daughter is married and talaqed in a matter of weeks by a rich tourist?
Start thinking laterally Fathima.

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SJ/October 5, 2017

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KP
I seriously doubt if Fatima is a Muslim female.
The comments are more characteristic of a fundamentalist male.

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Native Vedda/October 5, 2017

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Ahmad Nadvi/October 5, 2017

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God created men and women as his representatives not only with full capacity to make laws for smooth running of human affairs but also has given authority to do such thing. If great Immams of the four school of thoughts could make laws just three hundreds or so year after the Prophet Muhammad, then why cannot present day intellectuals do the same for the sake of the smooth running of the society.

The marriage in Islam is a Contract not like Christianity as sacrament. Therefore contracting parties must have some capacity, i.e they should not only have right physical age , also right mental age to honor the terms of the marriage agreed upon. There is no place for third party, Women and men are only expected to respect their parents’ view, but decision is always theirs, full stop . Forget about the men and even Jamiyathul |Ullema, there are not fit for the purpose.

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Jimsofty/October 5, 2017

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Ahmed NAdvi: If god created if men and women as his representatives, why this woman writer has to pray to the muslims community asking for fairness. See she was born as an equal in this human world. Yet, she has to beg from the muslims community. What I cannot understand why in this democrtic world, in a Majority Sinhala world, A muslims woman has to beg from the muslims community asking fairness in human laws. How come devine laws are applicable in the human world and in the Sinhala -buddhist society in which our founder of the religion told, even god need our help and when properly actd humans become gods. ——-Believe me, there are Ten allahs of which one is Lord buddha. Lord buddha told peole how to get ris of human misery. Otherwise, he did nit promise buddha himself can do it.

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Jimsofty/October 5, 2017

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If any muslims says, it is there divine law and it is above the country’s law, they should go back to a place where they can enact and not in Sri lanka. Sri lanka politicians have proven they are there to get rich and steal from the public. that is why you talk that kind of stupid things here. It is duble stands. UN has beome a joke. Even those NGOs, Sri lankan human rights are fraudulent and clowns,

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ekelbroom/October 5, 2017

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[Part 1/3]
“Those who do not move, do not notice their chains” – Rosa Luxemburg

The biggest stumbling block to the process of reforming the existing MMDL is the local association of ulemas. These ulemas appear to have forgotten that they are merely Islamic Scholars, well-versed perhaps in the history, theory and practice of the religion. Unfortunately, they appear to have developed a strong perception of themselves as being Sunni Islamic ‘Priests’ – as being the counterparts of the Buddhist, Hindu and Christian clergies in Sri Lanka – and believe that their primary role therefore is to guide the flock. Consequently, they have assumed that they have the final word in any and all religious matters that affect the Muslim community. They couldn’t be more wrong. As Scholars their role should be confined to providing expert advice and advice only regarding religious issues that affect the community. Unfortunately, there are many Muslims (especially the politicians) who by words and deeds promote and perpetuate the self-image among the ulemas that they are ‘priests’. The ulemas must be reminded that they are simply theologians and not clergymen. The members of the Muslim community should also be reminded of this very fact and of the need to treat the ulemas as scholars. Just because a man has achieved high academic success in the theory and practice of Islam, does not necessarily make him a pious, holy person worthy of some degree of religious veneration

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ekelbroom/October 5, 2017

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[Part 2/3]

A second factor that seriously hampers Muslims from even considering the need for reformation of the MMDL is the strongly-ingrained mental process of Taqlid (Blind Obedience) which has been promoted by (who else ?) the ulemas ever-since the closing of the doors of Ijtihad. This has affected the Muslims adversely in two ways. Firstly, over the centuries, the development of the cognitive prowess of the average Muslim has been stultified and has resulted in the production of an ossified brain (metaphorically-speaking) and apathetic thinking with regard to religious matters. Secondly, this has concurrently enabled the ulemas to project themselves as being the only members of the community who are capable of ‘thinking’ about such matters. Thus, those Muslims who lack the ability or motivation to ‘move’ their thinking to fresh areas, do not realize that their thoughts are ‘chained’ by the edicts of the ulemas

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ekelbroom/October 5, 2017

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[Part 3/3]

A third factor which is a popular refuge of many pious Muslims is the repetitive reminder that Sharia laws cannot be amended. This is a red-herring, intended to divert attention from the main argument by confusing Shariah and Fiqh laws.

Shariah consists of :
– The laws dictated in the Qur’an.
– The laws revealed to Prophet Mohammed (pbuh).
– The laws that are taken from the lifestyle (Sunnah) of Prophet Muhammad (pbuh).
Shariah laws are divine and are hence immutable.

The term Fiqh means “true understanding.”
Fiqh is making rulings and judgements from evidence found in the Shariah, that is, the Qur’an and Sunnah, and from the consensus of Islamic scholars.
Fiqh laws are therefore ‘man-made’ and ‘contextual’ and are hence NOT immutable

There are three significant differences between Shariah and Fiqh laws :
Shariah cannot be changed. But Fiqh can change based on new information
Shariah is broad and general. Fiqh focuses on narrow and specific issues.
Shariah comes from the Quran and Sunnah. Fiqh comes from the Shariah.

Amending the MMDL does NOT require tampering with the Sharia laws.
It only requires making changes to the ‘man-made’ Fiqh laws to ensure that such laws reflect more accurately and fairly the prevailing social & cultural dimensions that govern the lives of the Ummah. This in turn will ensure that all members of the Ummah (regardless of gender) will continue to reap the full benefits of the divine Sharia laws.

It will do well for the members of the Muslim Community to remember the words of the Almighty : “I shall not lose sight of the labor of any of you who labors in My way, be it man or woman; each of you is equal to the other (Quran 3:195)”.

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Rtd. Lt. Reginald Shamal Perera/October 5, 2017

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Rizani,

If you are against MMDA, then you should also condemn the medieval practice of circumcision.

During the medieval times this was practiced in the Dessert because of the lack of water and the issue of hygiene. In the modern world there are no such issues facing human beings unless one lives in some underdeveloped society. Hence there is no reason for circumcision.

A lady Doctor of Persian descent who happens to be Muslim once told me, how having done some unnecessary circumcisions on new born babies said, she will never subject her son to such a painful procedure unless there was a medical necessity. She further went onto to say the Babies relentless crying and agony proved absolutely no worth to satisfy the wishes of an unseen Allah.

Are you against this barbaric practice?

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Native Vedda/October 5, 2017

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Retarded Lt women sniffing Reginald Shameless Perera
–
“If you are against MMDA, then you should also condemn the medieval practice of circumcision.”
–
You should condemn Jewish barbaric practices of circumcision in one of those websites which defends Jewishness and Jewish interests. Send your “thoughts” to haaretz.com.
–
They will pump enough air into both of your b***s for you to be airborne for many days.

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SJ/October 5, 2017

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Rtd. etc. etc.
Circumcision has Bibilical origins and is practiced by Jews as well.
Jesus Christ was circumcised.
It is not quite as barbaric as what soldiers are supposed to do for a living.
*
How Christianity was free of the practice is for a historian to explain.

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Native Vedda/October 6, 2017

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SJ
–
“How Christianity was free of the practice is for a historian to explain.”.
–
The Federal Party has failed to impress upon Christian historian to explain as to why they are free of the practice.

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Nelum/October 5, 2017

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You must be ignorant, or trying to make Muslims look bad. Christians and even Jews, have followed this custom, and it is more a cultural custom rather than religious. The Quran does not mention this custom.

Due to immigration, the term “central African” may be too restrictive, but his larger point — that this is not a problem in only Muslim countries — is valid. Countries with majority-Christian populations also carry out this practice, while Islamic-majority countries like Iraq and Yemen have rates on the lower side.

We rate Aslan’s claim Mostly True.”

Now that you have learnt something new, try to stick to the subject matter in the article, instead of embarrassing yourself.

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Rtd. Lt. Reginald Shamal Perera/October 6, 2017

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First of all you better keep your “you must be ignorant” phrases when addressing your Father and not me. I am a decorated war hero of the Sri Lankan Army. If you even know what that means.

Secondly, I did not compare the Jewish practice of circumcision and the Muslims equivalent because they are done for vastly different reasons. While Muslims do it to satisfy Allah, the Jews do it as a form of food. The Rabbis they make a dish like eat the foreskins called Bris. The Muslims instead, throw the foreskin to Allah, who likes to lick the blood in the leftover piece.

Finally, this is a forum for human rights. The topic is MMDA which is part of Muslim culture where as Circumcision is also a part of the barabarians.

PS: Your claim that Christian countries circumcise is blatantly false. And you are trying to justify the barabaric ritual your savages seem to practice.

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Nelum/October 7, 2017

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You sound so ignorant, and anti Muslim. Instead of regurgitating anti Muslim talking points it would do you some good do learn how to do some research, so that you do’t embarrass yourself with ignorant comments. You are not an Islamic scholar, so you know NOTHING about what is in the Quran. Shame on you for spreading false information, being so uncouth.

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Mallaiyuran/October 7, 2017

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You the decorated Rapist Sinhala Buddhist army, “Yes, it is correct you kill, you loot, you rape, you steal, you lie, you smuggle, you are substance abuse, you oppress- in other words, a perfectly multitasking army, though when Indian army shows up you sleeping the barracks”. Even Ponny has accepted because the pants of all of your don’t stay on your waist, at least you guys need to be decorated with bark and leaves to hide some obscene.

But, how important it is for an activist, specializing in form of right restoration, should be active in all forms of activists? Does this Ayatollah’s mercenary understands an activist of a field of right is generally from that profession; for example most of the prominent Muslims who commented positively on changing MMDA are either lawyers or social writers.

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Roshan/October 5, 2017

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At least some benefit in that practise .They will get less penile cancers as s Megan collection is less.They also enjoy longer sex as the sensitivity of glans penis is less compared to other men.But women do not get any benefit like that under this controversial marriage law.They will be deprived of many things like education emplacement and that is why we need to object that first.

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